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(영문) 서울북부지방법원 2015.06.04 2015노580
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. Although the judgment of the court below had the record that the defendant has already been sentenced to a fine on several occasions due to the crime without a license and the crime of drunk driving, and each punishment has been sentenced to a suspended sentence of imprisonment. However, although the defendant again committed the crime of this case without being familiar with a prison term during the suspended sentence of imprisonment for the same kind of crime, it appears that the defendant was living under confinement near two months after the judgment of the court below was rendered, and that the defendant is in depth gird, and that his parents and her aged three children are responsible for living in the past, and there seems to be some reasons to consider the motive and circumstances of the defendant committed the crime of this case, and in addition, considering the various circumstances that are the conditions of sentencing as shown in the records such as the circumstances before and after the crime of this case was committed, the defendant's age, character and conduct, and occupation, the sentence of the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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